ESA and Working Tax Credit

ever

Hello all! My husband is in recepit of contribution-based ESA, main phase, support group (in addition to DLA, housing benefit, child tax credit, child benefit). He has not been employed since January of this year and is not able to work anymore. I am his carer full-time, and receive carer's allowance. A friend told me that because he's on ESA, he should be able to get working tax credits, even though he's not working.

I've done a lot of looking on the HMRC site and found where it listed ESA as "a qualifying out-of-work benefit" for working tax credits, but all of the wording is quite confusing and I don't know what the answer is.

So, should my husband be eligible for working tax credit because he is on ESA? Thanks in advance!

MrsManda

Is your husband unemployed or employed but off work due to illness?

I think you can receive WTC whilst off work sick if you are claiming SSP/ESA but only for the first 28 weeks you are off.
(though I don't know much about about this area)

If you're off work for 28 weeks or less

You're an employee

If you're an employee, you'll be able to keep claiming Working Tax Credit for the first 28 weeks that you're off work, as long as:

• your usual working hours are at least 16 or 30 (depending on your circumstances)
• you worked these hours immediately before going off work
• you're paid a specific sickness or disability benefit

The specific sickness or disability benefits are:

• Statutory Sick Pay
• Incapacity Benefit at the short-term lower rate
• Income Support paid because of incapacity for work
• Employment and Support Allowance

If you're off work for more than 28 weeks

Your Working Tax Credit payments could end if you don't go back to work after 28 weeks, even if you keep getting:

• Income Support paid because of incapacity for work
• Employment and Support Allowance
• National Insurance credits on the grounds of incapacity for work, or limited capability for work (how your illness or disability affects the amount and type of work you can do)

If you don't go back to work after 28 weeks, you must tell the Tax Credit Office within one month or you may be charged a penalty. You can contact the Tax Credit Office by calling the Tax Credit Helpline.

ever

He was employed and receiving SSP from July 2010-January 2011, then was terminated in January and has been receiving ESA from February.